A. Purpose.
The purpose of this regulation is to establish a procedure to be used by the
superintendent of each local school system to determine if a child
participating in a home instruction program is receiving regular, thorough
instruction during the school year in the studies usually taught in the
public schools to children of the same age.

B. Written
Agreement. A parent or guardian who chooses to teach a child at home shall
sign a statement on a form prescribed by the State Department of Education
which:

(1)
Indicates consent to the requirements set forth in §§C, D, and E; and

(2) Shall
be submitted to the local superintendent at least 15 days before the
beginning of a home instruction program.

C.
Instruction Program. The home instruction program shall:

(1) Provide
regular, thorough instruction in the studies usually taught in the public
schools to children of the same age;

(2) Include
instruction in English, mathematics, science, social studies, art, music,
health, and physical education; and

(3)
Take place on a regular basis during the school year and be of sufficient
duration to implement the instructional program.

D.
Educational Materials. A parent or guardian who chooses to teach a child at
home shall maintain a portfolio of materials which:

(1)
Demonstrates the parent or guardian is providing regular, thorough
instruction during the school year in the areas specified in §C(1) and (2);

(2)
Includes relevant materials, such as instructional materials, reading
materials, and examples of the child's writings, worksheets, workbooks,
creative materials, and tests;

(3) Shall
be reviewed by the local superintendent or the superintendent's designee at
the conclusion of each semester of the local school system at such times as
are mutually agreeable to the local superintendent or designee and the
parent or guardian.

E. A parent
or guardian shall agree to permit a representative of a local school system
to review the portfolio of educational materials, discuss the instructional
program, and observe instruction provided that all of the following
requirements are met:

(1) The
review is at a time and place mutually agreeable to the representative of
the local school system and the parent or guardian;

(2) The
purpose of the review is to ensure that the child is receiving regular,
thorough instruction as set forth in §C;

(3) There
are not more than three reviews during a school year.

F.
Additional Requirements. A local school system may not impose additional
requirements for home instruction programs other than those in these
regulations.

Upon
request of a parent or guardian, a child receiving home instruction may
participate in the regularly scheduled standardized testing programs that
are administered in the public school the child is eligible to attend.

A. Failure
to Consent. If a parent or guardian does not agree to the requirements of
Regulation .01B, C, and D, above, a child shall be enrolled promptly in a
public school or nonpublic school as defined in COMAR 13A.09.09.02B(4)(a).

B.
Deficiencies in the Program. If a local superintendent determines on the
review of the home instruction program or inspection of the portfolio that a
child is not receiving a regular, thorough instruction program in conformity
with Regulation .01C and D, the local superintendent shall notify the parent
or guardian in writing of any deficiencies in the program. The following
apply:

(1) Within
30 days of receipt of notification of any deficiencies, the parent or
guardian shall provide evidence to the local superintendent that the
deficiency has been or is being corrected.

(2) If a
local superintendent determines there is not a satisfactory plan to correct
a deficiency or if a deficiency is not corrected, a child shall be enrolled
promptly in a public school or a nonpublic school as defined in COMAR
13A.09.09.02B(4)(a).

.04
Placement in Public School
Upon application of a child for admission to a public school from a home
instruction program, the local superintendent shall determine by an
evaluation the placement of the child and any credits to be awarded toward
high school graduation. The evaluation may include administration of
standardized tests and examinations and interviews with the child.

A parent or
guardian may provide instruction for a child at home without compliance with
the requirements of this regulation, other than the requirements of
Regulations .01B(2) and .04, if that instruction is offered through
correspondence courses and is under the supervision of a:

A. School
or institution offering an educational program operated by a bona fide
church organization, and the supervision includes at a minimum all of the
following components:

(1) Pre
enrollment conferences with parents or guardians,

(2)
Textbooks, lesson materials, and other instructional
materials or equipment designed to be used independently
by the pupil at a site other than a school,

(3) Annual
visits by supervisory personnel to the site where
the pupil is receiving instruction, and

(4)Conferences with parents or guardians at appropriate
intervals during the period of enrollment; or

B. Nonpublic school with a certificate of approval from the
State Board of Education, and the supervision includes at a
minimum all of the following components:

(1)
Textbooks, lesson materials, and other instructional materials or equipment
designed to be used independently by the pupil at a site other than a
school, and

(2)
Assignment of a school-based teacher to assist the home teacher in using the
correspondence courses and to assist the pupil by issuing progress reports,
marking papers, and grading tests.

Does Maryland law permit a student of
mandatory school age to be home schooled instead of attending a public or a
nonpublic school?

Yes.Maryland law, Education Article, §7-301,
Annotated Code of Maryland, Compulsory Attendance,
states that each child who resides in Maryland and is 5 years old or older
and under 16 shall attend a public school regularly during the entire school
year unless the child is otherwise receiving regular, thorough instruction
during the school year in the studies usually taught in the public school to
children of the same age. Maryland recognizes nonpublic schools
and home instruction as alternatives to public school enrollment as a means
for students to receive regular, thorough instruction.

Are there regulations that
govern home instruction in
Maryland?
Yes.COMAR 13A.10.01
Home Instruction, are the regulations that govern home instruction in Maryland. The purpose of COMAR
13A.10.01 is to establish a procedure to be used by the superintendent of
each local school system to determine if a child participating in a home
instruction program is receiving regular, thorough instruction during the
school year in the studies usually taught in the public schools to children
of the same age.What must a parent do before beginning home instruction?At least 15 days before the beginning of a
home instruction program, a parent or guardian who chooses to teach a child
at home must sign a written statement on a form prescribed by the State
Department of Education. The parent should contact their local school system
for a copy of the consent form and COMAR 13A.10.01.Does the local school system or the
Maryland State Department of Education provide a curriculum to parents to
use for the purpose of home schooling?No. A
parent or guardian who elects to provide instruction to his/her child (ren)
must select the curriculum to be used. The home instruction regulation does,
however, specify the subjects that must be taught by the parent or guardian.

What
subject areas of home instruction are mandatory? English, mathematics, science, social
studies, art, music, health, and physical education are the subject areas
that parents or guardians must teach their child (ren) who are home
schooled. [COMAR 13A.10.01.01C.(2).]Must home
instruction be supervised in
Maryland? Yes. Home
instruction must be supervised in
Maryland by oneof the following entities:

1. The local school system.
2. A nonpublic school that holds a Certificate of Approval from the
Maryland State Board of Education.
3. A church-exempt nonpublic school.
4. An education ministry of a bona fide church organization.

What must a nonpublic school or
education ministry of a bona fide church organization do before beginning to
supervise home instruction of
Maryland students? Before beginning to supervise home instruction, the head of
the legal authority of a nonpublic school or the chief officer of a bona
fide church organization that elects to supervise home instruction must
contact the Maryland State Department ofEducation for registration procedures. Registration
procedures include the completion of an official registration form that can
be obtained by calling the Nonpublic School Approval Branch at the
Department at (410) 767-0407.
Can a tutor or someone other than the parent or guardian be hired to teach a
child who is home schooled?No. The Home Instruction regulations (COMAR 13A.10.01) are
clear that the parent or guardian is to be the primary provider of the home
instruction. Other adults may assist with a special area of interest but
such adults are not permitted to replace the parent or guardian as the
primary provider of instruction.

Is a
home schooled student prohibited from being tutored?
No. A home-schooled student may be tutored in a particular
subject just as a student enrolled in a public or nonpublic school may be
tutored. Regardless of whether a student is enrolled in home schooling or in
a public or nonpublic school, tutoring is supplemental to each of these
primary forms of instruction. Tutoring may not be substituted for the
instruction that is provided by the parent or legal guardian to his/her home
schooled student or the instruction provided by a public or nonpublic school
to students enrolled.Must the parent/guardian be a certified
teacher? No.
Present regulations do not require parents/guardians
to have teacher certification in order to home school their child(ren). [COMAR
13A.10.01.]

Can a student who is home schooled
participate in other aspects of the instructional or extracurricular
programs that are offered by a Maryland public school?No. Present regulations indicate no
provision which allow homeschooled students to participate in courses or
activities that are offered by a Maryland public school other
than the standardized testing program. [COMAR 13A.10.01]May a home-schooled student participate
in the standardized testing program that is offered by the student’s local
school system? Yes. A child receiving home instruction may participate in
the regularly scheduled standardized testing programs that are administered
in the student’s assigned school. It is the responsibility of the parent or
guardian to contact the public school that the child is eligible to attend
to find out the testing schedule and to make arrangements for participation
prior to the testing date. [COMAR 13A.10.01.01.02]

What are the procedures for a
home-schooled student to return to a public school? The parent must
contact the local school for procedures regarding returning from home
instruction to enrollment in a public school. The localsuperintendent
of schools or designee shall determine the placement of the child and any
credits to be awarded toward high school graduation. The evaluation may
include administration of standardized tests, examinations, and interviews
with the student. [COMAR 13A.10.01.04]How can a
home-schooled student receive a diploma?If the home-schooled student returns to
a public school and meets their secondary school graduation requirements,
yes, the student may receive a Maryland issued state diploma.

If the home-schooled student returns to a nonpublic or
church-exempt school and meet’s that school’s secondary school graduation
requirements, the student may receive a diploma issued by that school’s
legal authority. Note: COMAR 13A.09.09.09E states that the diploma of a
nonpublic secondary school may not imply that the requirements for
graduation from a Maryland public secondary school
have been met.

Another alternative for the home-schooled student is to successfully
complete the General
Educational Development (GED)
test and be issued a GED by the Maryland State Department of Education. For
more information regarding GED contact the
General Educational Development office at
(410) 767-0538.

Does the Maryland State
Department of Education provide information about home instruction support
groups?
No.
The Maryland State Department of
Education does not collectinformation about home
instruction support groups. The Department, however, maintains the names and
addresses of the nonpublic schools and bona fide church organizations that
are registered to supervise home instruction in Maryland.

Whom
should I call if I have more questions?For questions about
filing the consent form with the local school system, curriculum,
portfolio reviews, standardized testing, special education
services, returning to the public school system, contact the Pupil Personnel
Office of your local school system.

For questions about the requirements of the home instruction
regulations and other matters of concern pertaining to home instruction,
contact the Student Services and Alternative Programs Branch of the Maryland
State Department of Education in Baltimore at (410) 767-0311.

For questions about nonpublic entities that are registered to
supervise home instruction, contact the Nonpublic School Approval Branch of
the Maryland State Department of Education in Baltimore
at (410) 767-0407.

(1) Except as otherwise provided in this section, each child who resides in this State and is 5 years old or older and under 16 shall attend a public school regularly during the entire school year unless the child is otherwise receiving regular, thorough instruction during the school year in the studies usually taught in the public
schools to children of the same age.

(2) In accordance with regulations of the State Board of Education, a child who resides in this State and is 5 years old may be exempted from mandatory school attendance for 1 year if the child's parent or guardian files a written request with the local school system asking that the child's attendance be delayed due to the child's
level of maturity.

(3) Except as provided in subsection (f) of this section or in regulations of the State Board of Education, each child who resides in this State shall attend a kindergarten program regularly during the school year prior to entering the first grade unless the child is otherwise receiving regular, thorough instruction in the skills
and studies usually taught in a kindergarten program of a public school.

(b) Excused absences. - A county superintendent, school principal, or an individual authorized by the county superintendent or principal may excuse a student for a lawful absence.

(c) Duty of parent or guardian. - Each parent who has legal custody or crae and control of a child who is 5 years old or older and under 16 shall see that the child attends school or receives instruction as required by this section.

(d) Application of section. -

(1) This section applies to any child who has a mental, emotional, or physical handicap.

(2) This section does not apply to a child:
(i) Whose mental, emotional, or physical condition makes his instruction detrimental to his progress; or
(ii) Whose presence in school presents a danger of serious physical harm to others.

(3) With the advice of the school principal, supervisor, pupil personnel supervisor, or visiting teacher and with the written recommendation of a licensed physician or a State Department of Education certified or licensed psychologist, the county superintendent may:
(i) Make other appropriate provisions for the free education of any student excepted from attendance under paragraph (2) of this subsection; or
(ii) Permit the parents or guardians of that student to withdraw him from public school, for as long as the attendance of the child in a public school would be detrimental to his progress or his presence in school would present a danger of serious physical harm to others.

(4) If a child is withdrawn from a public school under this subsection, the county board shall make other appropriate provisions for the education of the child.

(5) If an appropriate educational placement is not available immediately, the county board shall make interim provisions for the education of the child until an appropriate placement becomes available.

(e) Penalties. -

(1) Any person who induces or attempts to induce a child to absent himself unlawfully from school or employs or harbors any child who is absent unlawfully from school while school is in session is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.

(2) Any person who has legal custody or care and control of a child who is 5 years old or older and under 16 who fails to see that the child attends school or receives instruction under this section is guilty of a misdemeanor and:
(i) For a first conviction is subject to a fine not to exceed $50 per day of unlawful absence or imprisonment not to exceed 10 days, or both; and
(ii) For a second or subsequent conviction is subject to a fine not to exceed $100 per day of unlawful absence or imprisonment not to exceed 30 days, or both.

(3) As to any sentence imposed under this subsection, the court may suspend the fine or the prison sentence and establish terms and conditions which would promote the child's attendance. The suspension authority provided for in this subsection is in addition to and not in limitation of the suspension authority under Article 27, §
641A of the Code.

(f) Exemption from attending kindergarten. - A child may be exempted from attending kindergarten if a parent or guardian of the child files a written request with the local school system and verifies that the child is enrolled:
(1) Full time in a licensed child care center;
(2) Full time in a registered family day care home; or
(3) Part time in a Head Start 5 year old program.
(g) Minimum days or hours for kindergarten programs. - Kindergarten
programs are not subject to the requirements of § 7-103 (a) of this title
relating to minimum days or hours of operation.

1. What does the
mandatory kindergarten attendance law require? The mandatory kindergarten attendance law requires a child who resides in Maryland to attend a public or nonpublic kindergarten program regularly during the school year before entering the first grade unless the child is enrolled in an alternative program or is receiving home instruction as specified in question #4 of this fact sheet.

2. Does the change in the age of eligibility for enrollment in kindergarten affect the admissions criteria of a nonpublic school? Yes. The change in the age of eligibility for enrollment in kindergarten affects nonpublic schools as follows:

â€¢ Nonpublic schools that are approved under COMAR 13A.09.10 to receive public pay students are required to adopt the age of eligibility dates shown on the attached "Chart Reflecting Local School Phase-in of Age of Eligibility for Enrollment in Public School Prekindergarten, Kindergarten, and First Grade."

â€¢ Until the 2006-2007 school year, nonpublic schools that hold a Certificate of Approval under COMAR 13A.09.09 and church-exempt schools that are registered with the Maryland State Department of Education may elect to follow this chart when establishing the age of eligibility for enrollment in its kindergarten, or may establish September 1 as the date by which a child must be 5-years-old to be age eligible for enrollment in kindergarten.

â€¢ For the 2006-2007 school year and thereafter, all nonpublic schools (schools holding a
Certificate of Approval and those registered as "church-exempt", must establish September 1 as the date by which a child must be 5-years-old to be age eligible to enroll in kindergarten.

3. Does attendance in a nonpublic kindergarten satisfy the requirements of this law?
Yes. Attendance in any of the following nonpublic kindergarten educational programs satisfies the requirements of the mandatory kindergarten attendance law:

(a) A kindergarten educational program in a nonpublic school that holds a Certificate of Approval from the Maryland State Board of Education;

(b) A kindergarten educational program in a licensed child care center that holds a Certificate of Approval from the Maryland State Board of Education; or

(c) A kindergarten educational program in a church-exempt nonpublic school that is registered with the Maryland State Department of Education as exempt from the requirement to hold a Certificate of Approval because the Legal Authority responsible for governing and operating the school is a bona fide church organization.

4. Are there ways to satisfy the mandatory kindergarten attendance law other than by attending a public or nonpublic kindergarten? es. The mandatory kindergarten attendance regulations permit kindergarten-age children, who are not attending a public or a nonpublic kindergarten, to be enrolled in either an alternative program setting or supervised home instruction.

(a) Alternative Program Setting (see note below):

(i.) Full time in a licensed child care center; (ii.) Full time in a registered family day care home; or, (iii.) Part time in a Head Start 5-year-old program.

(b) Supervised Home Instruction (see note below):

Parents/guardians who home school their children must register with their local school system in order to be in compliance with home instruction regulations.

Note: The parent or guardian who elects to meet the mandatory school attendance requirement through (a) or (b) above, must file a written notification of this fact with the local public school system.

5. Can kindergarten be deferred on the basis of maturity? Yes. State Board of Education regulations allow parents/guardians to file a request for a one-year level of maturity waiver for a kindergarten-age child, if the parents/guardians believe that a delay in kindergarten attendance is in the best interest of their child. Such a child, however, must attend kindergarten the next school year.

6. What must a
parent or guardian do to defer kindergarten attendance for one year?If a parent wants to defer a child's enrollment in kindergarten for one year due to the child's level of maturity, the parent must do the following:

(a) File a written request with the local Superintendent of Schools before the opening of the school year in which the child becomes 5-years-old, asking that the child's attendance be delayed due to the child's level of maturity, and

(b) Register
that child in kindergarten the following school year.

7. Will enrollment of a 5-year-old in a nonpublic nursery school program for 4-year-olds satisfy the requirement of the mandatory kindergarten attendance law? No. Enrollment of a 5-year-old in a nonpublic nursery school educational program approved by the State Board of Education for 4-year-olds and/or below does not satisfy the requirements of the mandatory kindergarten attendance law.

8. When a parent
or guardian believes that it is in the best interest of a child who is enrolled
in kindergarten to be withdrawn, what must the parent do?If a parent or guardian feels that it is in the best interest of the child to be withdrawn from kindergarten, the parent or guardian must file a written request with the local Superintendent of Schools for a level of maturity waiver before withdrawing the child from kindergarten. This action delays kindergarten attendance until the following school year.

â€¢ For the 2006-2007 school year and thereafter, a child must be five-years-old by September 1 of the school year to be age eligible to enroll in a public school kindergarten or any nonpublic school kindergarten in Maryland. Note: For nonpublic schools, this requirement applies to those schools that hold a Certificate of Approval from the Maryland State Board of Education as well as those schools that are registered to operate exempt from the requirement to hold a Certificate of Approval (church-exempt schools).

â€¢ Local school systems will use the dates indicated on the chart below for the phase-in of children entering prekindergarten programs, kindergartens, and first grade to be consistent with the change in the age of eligibility for enrollment in kindergarten.

If a parent or guardian feels
that it is in the best interest of the child to be withdrawn from
kindergarten, the parent or guardian must file a written request with the
local Superintendent of Schools for a level of maturity waiver before
withdrawing the child from kindergarten. This action delays kindergarten
attendance until the following school year.

· For the 2007-2008 school year, a child must be five years old by September 1, 2007 to be age eligible to enroll in a public or nonpublic school kindergarten.
· Local school systems will use the dates indicated on the chart below for the phase-in of children entering pre kindergarten programs, kindergartens, and first grade to be consistent with the change in the age of eligibility for enrollment in kindergarten.

· A nonpublic school approved under COMAR 13A.09.10 to receive public pay students must follow this chart.